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| 12.4 |  | **Enforcement**. This Agreement, including all agreements, covenants, representations and
warranties, shall be binding upon and inure to the benefit of, and may be enforced by Lessor,
Lessee, and each of their agents, servants and personal representatives. |
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| 12.5 |  | **Headings**. The section and subsection headings in this Agreement are for convenience of
reference only and shall not modify, define, expand, or limit any of the terms or provisions
hereof. |
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| 12.6 |  | **Counterparts**. This Agreement may be executed by the parties hereto in separate counterparts,
each of which when so executed and delivered shall be an original, but all such counterparts
shall together constitute but one and the same instrument. |
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| 12.7 |  | **Amendments**. No term or provision of this Agreement may be amended, changed, waived,
discharged, or terminated orally, but only by an instrument in writing signed by the party
against which the enforcement of the change, waiver, discharge, or termination is sought. |
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| 12.8 |  | **No Waiver**. No delay or omission in the exercise or enforcement or any right or remedy
hereunder by either party shall be construed as a waiver of such right or remedy. All
remedies, rights, undertakings, obligations, and agreements contained herein shall be |